Dispute Resolution and Arbitration Commons^™

Facebook, Twitter, And The Wild West Of Ip Enforcement On Social Media: Weighing The Merits Of A Uniform Dispute Resolution Policy, 49 J. Marshall L. Rev. 959 (2016), Daniel Doft

UIC Law Review

In Part I, this comment will discuss the different types of intellectual property issues that can arise on social media websites. Part II will then discuss the three actions currently available to an infringed owner attempting to protect its intellectual property rights. Part III will discuss the Uniform Domain Name Dispute Resolution Policy (UDRP), a successful mechanism for resolving domain name disputes online. Finally, Part IV will discuss the possible creation of a USRP, which will be modeled after the UDRP, in which a private third-party arbitrator would resolve intellectual property disputes in the social media arena. This section will …

A Critical Assessment Of The Model Standards Of Conduct For Mediators (2005): Call For Reform, Omer Shapira

Marquette Law Review

Over the years, commentators have raised concerns about some aspects of the Model Standards, for example, their failure to adequately guide mediators in situations of competing values, and the vagueness of their substantive provisions. No work to date has exposed the Model Standards to a systematic and comprehensive assessment, which is necessary for an evaluation of their adequacy as a coherent statement of the fundamental ethical guidelines for mediators, and for the development of a viable alternative to them. Ten years after the adoption of the revised Model Standards in 2005, this Article comes to fill the gap in the …

Promotion Of Green Electricity And International Dispute Settlement: Trade And Investment Issues, Sherzod Shadikhodjaev

The International Lawyer

The issue of greater utilization of renewables in energy supply-mix has become a priority environmental agenda in many countries. Feed-in incentives, quota schemes, public tenders and net metering are common support programmes that are designed to encourage the production and consumption of electricity generated from renewable energy sources. Promotion policies of this kind have provoked a number of international disputes at both global and regional levels. This article examines disputes brought to the World Trade Organization (WTO), the Court of Justice of the European Union (“Court of Justice”) and investor-state tribunals, and explores some intersectional implications and comparisons for the …

International Arbitration, Manuel Liatowitsch, Jeffrey Rosenthal, Christopher P. Denicola, Elizabeth M. Hanly, Mauricio Becerra De La Roca Donoso, Diepiriye Anga, James Menz, Guido Carducci, Medhavi Singh, Hanns-Christian Salger

The International Lawyer

No abstract provided.

Regional International Criminal Courts: An Idea Whose Time Has Come?, Firew Kebede Tiba

Cardozo Journal of Conflict Resolution

Regionalism in international relations is a fact of life. Regional judicial implementation of international norms is relatively common in the fields of international human rights, international investment, and trade laws. There are attempts to break ground in the realm of international criminal law by creating a regional international criminal court, such as the proposed addition of the criminal jurisdiction to the African Court of Justice and Human Rights. Although there was momentum in creating a universal permanent international criminal court, the enthusiasm for the tribunal's exercise of jurisdiction has not continued. The International Criminal Court ("ICC") will remain short of …

The Execution Of An Arbitration Provision As A Condition Precedent To Medical Treatment: Legally Enforceable? Medically Ethical, 42 Mitchell Hamline L. Rev. 273 (2016), Marc Ginsberg

UIC Law Open Access Faculty Scholarship

Is it reasonable for a physician to condition treatment upon the patient’s execution of an arbitration agreement? Is such an agreement enforceable? Is such an agreement medically ethical? This paper will address these topics (and others) in an effort to determine whether a treatment conditioned upon the execution of an arbitration agreement covering medical liability claims is consistent with, and should be a defensible component of the physician-patient relationship.

Introduction, Forrest S. Mosten

Cardozo Journal of Conflict Resolution

This special edition of the Cardozo Journal of Conflict Resolution reflects the current exciting state of the Family Dispute Resolution field, inside and outside of the law school academy. The articles selected for this portion of the issue carry on the vibrant dialogue that took place at the Cardozo Journal of Conflict Resolution's Annual Symposium "All in the Family: Intimate Parties, Intimate Issues and ADR". This Symposium, hosted at the Benjamin N. Cardozo School of Law on October 19, 2015, engaged scholars, practitioners, and students from across the country.

Bargaining In The Shadow Of Children's Voices In Divorce Custody Disputes: Comparative Analysis Of Japan And The U.S., Hiroharu Saito

Cardozo Journal of Conflict Resolution

This paper discusses the social impact of hearing children's wishes in judicial procedures for divorce custody disputes by comparing the different legal systems in Japan and the U.S. In particular, through a plain law and economics approach with the analytical framework of "Bargaining in the Shadow of the Law" suggested by Mnookin and Kornhauser (1979), this paper discusses the backlash to parents' bargaining outside the court by empowering children to be heard in court.

There has been a child advocacy movement in Japan to empower children's participation right in the judicial procedures in accordance with the UN Convention on the …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 18 (2016–17)

Cardozo Journal of Conflict Resolution

No abstract provided.

The "Nature" Of Legal Dispute Bargaining, Robert J. Condlin

Cardozo Journal of Conflict Resolution

The longstanding debate over the relative merits of adversarial and communitarian theories of legal dispute bargaining has been in somewhat of a holding pattern for several years, but recent research in the field of cognitive neuroscience may break this logjam. Laboratory experiments and case studies in that field have shown how dispositions and capacities for social cooperation inherited from natural selection and evolution predispose humans to configure disputing as a mixture of argument over factual reality, disagreement over the interpretation of normative standards, and a search for impartial resolutions that protect the interests of everyone involved equally. This neurobiological inheritance …

The Historical Basis Of Securities Arbitration As An Investor Protection Mechanism, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

Why do broker-dealers fear a legal system in which the firms' customers have a unilateral right to demand arbitration of disputes? That scenario would return the industry to the pre-McMahon years, when, because the enforceability of PDAAs with respect to federal securities laws was in doubt, most brokerage customers had such a unilateral right. In fact, the pre-McMahon history of securities arbitration, written about only sparsely, reveals that, today, the primary stakeholders in the process--investors and brokerage firms--have lost sight of the original reason why the securities industry heavily relied on arbitration to resolve industry disputes. While offering a speedy, …

Remedy Realities In Business-To-Consumer Contracting, Amy J. Schmitz

Faculty Publications

Professor Jean Braucher greatly contributed to the exploration of consumer and contract law by questioning how the law operates in the real world and highlighting the importance of “law in action.” In recognition of that contribution, this Article focuses on law in action with respect to consumers’ quest to obtain remedies regarding their business-to-consumers (“B2C”) contracts. Currently, consumers often have no practical recourse with respect to B2C purchase problems due to the complexity, cost, and inconvenience of the processes for obtaining remedies. Accordingly, stated legal rights become meaningless for individuals living in the real world. This Article, therefore, explores access …

Realizing Rationality: An Empirical Assessment Of International Commercial Mediation, S. I. Strong

Faculty Publications

For decades, parties, practitioners and policymakers have believed arbitration to be the best if not only realistic means of resolving cross-border business disputes. However, the hegemony of international commercial and investment arbitration is currently being challenged in light of rising concerns about increasing formalism in arbitration. As a result, the international community has sought to identify other ways of resolving these types of complex commercial matters, with mediation reflecting the most viable option. Numerous public and private entities have launched initiatives to encourage mediation in international commercial and investment disputes, and the United Nations Commission on International Trade Law (UNCITRAL) …

International Implications Of The Will As An Implied Unilateral Arbitration Contract, S. I. Strong

Faculty Publications

In his article, The Will As An Implied Unilateral Arbitration Contract, Professor Gary Spitko offers an intriguing and innovative argument about how arbitration provisions in wills can be enforced even over the objection of a beneficiary and even in cases where the beneficiary seeks to set aside the will in its entirety. While I do not agree with all of the assertions in that Article (for example, the conclusion that "a consensus is developing that a testator may not compel arbitration of contests to her will"' appears somewhat premature, given a number of probate cases not discussed by Professor Spitko …

Texas Advance Directives Act: Nearly A Model Dispute Resolution Mechanism For Intractable Medical Futility Conflicts, Thaddeus Pope

Faculty Scholarship

Increasingly, clinicians and commentators have been calling for the establishment of special adjudicatory dispute resolution mechanisms to resolve intractable medical futility disputes. As a leading model to follow, policymakers both around the United States and around the world have been looking to the conflict resolution provisions in the 1999 Texas Advance Directives Act (‘TADA’). In this article, I provide a complete and thorough review of the purpose, history, and operation of TADA. I conclude that TADA is a commendable attempt to balance the competing goals of efficiency and fairness in the resolution of these time-sensitive life-and-death conflicts. But TADA is …

Medical Malpractice Arbitration: Not Business As Usual, David Larson, David Dahl

Faculty Scholarship

There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires his or her clients to sign mandatory pre-dispute arbitration agreements. In fact, some service providers prefer to avoid arbitration regardless of whether it is arranged pre- or post-dispute. So which merchants or service providers are choosing to forgo arbitration and, more importantly, why do they dislike arbitration? And do politics have anything to with their choices? Physicians are not, shall we say, the world’s greatest …

Designing Emotional And Psychological Support Into Truth And Reconciliation Commissions, Verlyn F. Francis

Osgoode Legal Studies Research Paper Series

Truth and reconciliation commissions are a dispute resolution process used to attempt reconciliation of disputants after internal conflicts and civil wars. A large component of this transitional justice process involves truth-telling by perpetrators and victims.

Using the example of the South African Truth and Reconciliation Commission, this article argues that successful reconciliation depends on the design of the process. It is important for the designers of conflict resolution process to balance individual and institutional interests while ensuring all stakeholders are at the design table. Since truth-telling in these circumstances usually involves recalling and testifying about traumatic events, it is important …

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Cardozo Journal of Conflict Resolution

If Donald Trump, in kicking off his campaign for the White House, was saying "what everyone is thinking" about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales-some as old as The Flood. This article reconsiders news stories-and the storytelling …

A Genesis Of Conflict: The Zero-Sum Mindset, Jonathan R. Cohen

UF Law Faculty Publications

Parties in conflict often operate under the assumption that for one party to win, the other party must lose. This concept, known as the “zero-sum mindset,” can lead to undesirable results, both because it can make disputes harder to resolve and because people holding such beliefs are more likely to get into conflicts to begin with. Over the past several decades, legal educators specializing in dispute resolution have worked hard to challenge that mindset. This task is not simple, for framing conflict in zero-sum terms has very deep cultural roots tracing back at least to the Biblical stories in Genesis. …

Llcs And The Private Ordering Of Dispute Resolution, Peter Molk, Verity Winship

UF Law Faculty Publications

An emerging question in U.S. business law is how the organizational documents of a business entity set the rules for resolving internal disputes. This practice is routine in commercial contracts, which may specify where or how disputes must be resolved. Recent use of litigation provisions in corporation charters and bylaws have sparked controversy, ultimately leading to legislative action to preserve shareholder suits from contractual waiver. Yet despite accounting for the majority of business organizations and sharing features with corporations, non-corporate business entities and their internal dispute resolution process have been largely ignored. How do these non-corporate entities set ex ante …